Tag Archives: Duty to defend

Where a U.S. District Court judge ruled that an insurance company has a duty to defend a policyholder who has been sued for defamation, that ruling should be upheld despite sexual misconduct exclusions in the two policies. “In this declaratory ...

Where plaintiff chiropractors have asserted that the defendant insurance company, which issued a professional liability policy, has a duty to defend and indemnify them in a civil suit over billing practices, the complaint must be dismissed without prejudice because the ...

Where an insurance company has requested a declaratory judgment that it is not obligated to defend and indemnify a policyholder in connection with two civil actions in Bristol Superior Court in which it is alleged that seafood had been compromised ...

Where a seafood processor was sued by a customer for negligent processing, resulting in premature spoilage of scallops, the defendant is entitled to summary judgment on its claim to be owed a duty to defend under a commercial general liability ...

Where an insurance company agreed under a reservation of rights to provide a defense for its insured, the town of Norwood, in a 12-count lawsuit, the insurer is entitled to a declaratory judgment that it owes no duty to defend ...

Where an insurance policy required the insurer to defend any claim initiated against the insured, the insurer’s duty to defend did not require it to prosecute affirmative counterclaims on behalf of its insured. “The United States Court of Appeals for ...

Where (1) the executor of the estate of a woman who was involved in a relationship with her divorce attorney sent the attorney a G.L.c. 93A demand letter following her death, (2) the attorney reached a $500,000 settlement with the ...

Where a Superior Court judge found that a defendant insurance company breached its duty to defend, that ruling must be upheld despite the fact that the policyholder did not inform the insurer of a personal injury action filed against it. ...

Where the plaintiff holder of a general commercial liability insurance policy has been sued by compounding pharmacies, the insurance company is obligated to defend the policyholder. Inapplicable exclusions “This action alleges breach by defendant Travelers Property Casualty Company of America ...

An insurance company did not have to cover the cost of a racketeering lawsuit involving the construction of shopping centers containing Walmart stores, in part because the policyholder failed to notify the insurer about the complaint “as soon as practicable,” ...